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| 9 | 9 | | S TATE OF RHODE IS LAND |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2023 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO COURTS AND CIVIL PROCEDURE--COURTS -- SUPERIOR COURT |
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| 16 | 16 | | Introduced By: Senators McKenney, and LaMountain |
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| 17 | 17 | | Date Introduced: May 19, 2023 |
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| 18 | 18 | | Referred To: Senate Judiciary |
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| 19 | 19 | | |
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| 20 | 20 | | |
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| 21 | 21 | | It is enacted by the General Assembly as follows: |
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| 22 | 22 | | SECTION 1. Chapter 8-2 of the General Laws entitled "Superior Court" is hereby amended 1 |
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| 23 | 23 | | by adding thereto the following section: 2 |
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| 24 | 24 | | 8-2-40. Land use calendar -- Effective January 1, 2024. 3 |
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| 25 | 25 | | (a) Findings and declarations. The general assembly finds and declares that: 4 |
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| 26 | 26 | | (1) There are significant delays in the development permitting process in the State of Rhode 5 |
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| 27 | 27 | | Island which results in lost opportunity for the needed development of housing units and 6 |
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| 28 | 28 | | commercial development to neighboring states. 7 |
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| 29 | 29 | | (2) Contributing to the delay were lengthy administrative appeals to local and state boards 8 |
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| 30 | 30 | | prior to appeals to superior court. 9 |
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| 31 | 31 | | (3) Previous legislation amended the appeal process in most cases to provide a direct right 10 |
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| 32 | 32 | | of appeal to superior court. 11 |
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| 33 | 33 | | (4) Landowners, applicants, municipalities and abutters are entitled to decisions with 12 |
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| 34 | 34 | | respect to ordinances, regulations, decisions regarding property rights and interests which do not 13 |
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| 35 | 35 | | require years of costly appeals and litigation. 14 |
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| 36 | 36 | | (4) There is a need for uniform treatment of such matters, and related matters which are 15 |
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| 37 | 37 | | statutorily provided with priority on the judicial calendar and expedited for decision. 16 |
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| 38 | 38 | | (b) Establishment. To accomplish this purpose in an effort to minimize delay in the 17 |
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| 39 | 39 | | processing of land use matters in superior court, effective January 1, 2024, there shall be established 18 |
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| 40 | 40 | | a separate calendar for the administration and determination of all land use matters. 19 |
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| 41 | 41 | | |
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| 42 | 42 | | |
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| 44 | 44 | | (c) Land use calendar. The presiding judge of the superior court shall create a land use 1 |
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| 45 | 45 | | calendar in superior court and shall assign personnel to the extent warranted to exclusively hear 2 |
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| 46 | 46 | | and decide all eligible land use matters, and the calendar shall be referred to as the “land use 3 |
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| 47 | 47 | | calendar.” Cases eligible for the land use calendar shall include appeals under §§ 45-22.2-9.1, 45-4 |
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| 48 | 48 | | 23-71, 45-23-72, 45-24-69, 45-24-71; 45-24.4-16, 45-24.6-9, 45-53-5; and 45-53-5.1. Any party 5 |
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| 49 | 49 | | may request a conference to seek assignment to the land use calendar, and acceptance of any matter 6 |
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| 50 | 50 | | in addition to the sections listed above shall be at the discretion of the judge(s) assigned to the 7 |
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| 51 | 51 | | calendar. 8 |
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| 52 | | - | (d) Timing. All matters assigned to the land use calendar shall be expedited. All 9 |
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| 53 | | - | memoranda from all interested parties in an appeal assigned to the calendar shall be completed 10 |
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| 54 | | - | within sixty (60) days of the filing of the certified record. No continuances or postponements shall 11 |
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| 55 | | - | be granted except for good cause shown. Such continuances as are necessary shall be granted for 12 |
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| 56 | | - | the shortest practicable time. 13 |
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| 57 | | - | (e) Use of section. Under no circumstances shall any party be permitted to utilize this 14 |
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| 58 | | - | section as a basis for dismissal of an action, as this section is enacted for the benefit and 15 |
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| 59 | | - | convenience of the superior court. 16 |
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| 60 | | - | SECTION 2. This act shall take effect on January 1, 2024. 17 |
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| 52 | + | (d) Use of section. Under no circumstances shall any party be permitted to utilize this 9 |
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| 53 | + | section as a basis for dismissal of an action, as this section is enacted for the benefit and 10 |
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| 54 | + | convenience of the superior court. 11 |
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| 55 | + | SECTION 2. This act shall take effect on January 1, 2024. 12 |
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